Current through Register Vol. 51, No. 6, March 22, 2024
A. Based upon the information provided by the ECE program, the Office shall determine the program's quality rating level.
B. A quality rating is achieved by meeting all criteria that apply to one of five levels established by the set of standards applicable to the type of ECE program.
C. Standards.
(1) Family child care standards apply to family child care homes and large family child care homes.
(2) Child care center standards apply to:
(a) Child care centers, except as set forth at §C(3) of this regulation;
(b) Head Start programs, whether licensed by the Office or operated by local education agencies;
(c) Nonpublic nursery schools; and
(d) Letter of compliance facilities.
(3) School-age only standards apply to child care centers operating pursuant to COMAR 13A.16 that are approved by the Office to provide child care services only to school-age children.
(4) Public prekindergarten standards apply to public prekindergarten programs operated by local education agencies.
D. Quality Rating Review.
(1) An ECE program may request a review of a decision by the Office to remove, reduce, or deny the program's quality rating.
(2) A request for a review shall be submitted to the Office in writing within 30 calendar days after the date of the removal, reduction, or denial of a quality rating.
(3) The Maryland EXCELS Advisory Committee shall:
(a) Have authority to hear each request for review; and
(b) Submit its recommendation to the Office within 30 calendar days of receipt of the request for review.
(4) Within 5 business days after receiving the recommendation, the Office shall notify the requestor of the review decision.
E. Request to Publish. Within 12 months from the date of acceptance into Maryland EXCELS, a participating ECE program shall request the Office to publish its quality rating online through the EXCELS public portal.
F. To publish its quality rating, a participating program shall:
(1) Upload documentation to the EXCELS public portal showing that the applicable standards have been met;
(2) Affirm that each item of documentation submitted to show that the program meets quality standards is:
(a) The original creation of the program; or
(b) Submitted with permission of the documentation's original author; and
(3) Send a request through the EXCELS public portal to publish the program's quality rating.
G. The Office may reduce, remove, or deny a published quality rating or a request to publish a quality rating if:
(1) The ECE program fails to maintain substantial compliance;
(2) The Office enters an enforcement action against the program's license, letter of compliance, or registration; or
(3) A complaint against the program is substantiated for noncompliance with the requirements of this chapter pertaining to:
(a) Injurious treatment;
(b) Child protection;
(c) Child supervision; or
(d) Child capacity.
H. Unless determined otherwise by the Office pursuant to §G of this regulation, a published Maryland EXCELS quality rating is valid for 12 months from the date of publication unless determined otherwise by the Office, or:
(1) The expiration date of the current rating has passed and an annual update has not yet been submitted;
(2) Substantial compliance is no longer maintained by the program; or
(3) The Office enters a license enforcement action against the program.
I. To continue as a published program, the ECE program shall:
(1) Prior to the expiration of the current rating cycle, submit documentation through the Maryland EXCELS public portal showing that the program continues to meet the requirements applicable to the rating level; and
(2) Be available to receive site visits as required by the Office
